Court of Appeal for Ontario

Citation: Paton v. Slotegraaf, 2007 ONCA 864 Date: 2007-12-07 Docket: C46722-C46723-C46724

Before: Doherty, Moldaver and Epstein JJ.A.

Between:

Glen C. Paton, Eagle Logistics Consulting Inc. Plaintiffs (Appellants)

and

John Slotegraaf, Mack Sales and Service of Peel Ltd. and Michael Darling Defendants (Respondents)

Counsel: Anthony Frost for the appellant, Paton John Pirie for the respondent, Darling

Heard: December 6, 2007

On appeal from the orders of Justice Wailan Low of the Superior Court of Justice dated January 25, 2007 and dated February 21, 2007.

APPEAL BOOK ENDORSEMENT

[1] Despite the able argument of Mr. Frost, we are not persuaded that the court below erred. On the accepted law, Low J. correctly held that the claim in the “collection action” was not a liquidated claim as defined in the jurisprudence, e.g. see Standard Oil Company of British Columbia Wood (1964), 47 W.W.R. 494.

[2] On the authority from this court, the appellant was, therefore, not a creditor within the meaning of the Bulk Sales Act, see Pizzolati v. Chittaro, 1972 355 (ON CA), [1972] 2 O.R. 606 (C.A.).

[3] The appeal is dismissed. Costs to the respondent is fixed in the amount of $5,000, inclusive of disbursements and GST payable within thirty days.